Staying compliant with North Dakota state laws isn't just about saving your transactions, licenses, and recording stock transfers. You also need someone to receive and forward legal documents that notify you about potential lawsuits and tax reminders. The person who fulfills this role is known as the registered agent.
North Dakota Registered Agent: Key Takeaways
A North Dakota registered agent acts as the main point of contact between a North Dakota LLC or corporation and the state or other parties.
A company’s owner or one of its officers can act as the business’s registered agent, but doing so comes with significant drawbacks, including loss of privacy.
A third-party North Dakota registered agent service allows entrepreneurs to start their North Dakota LLC according to state requirements while being able to devote their time to growing their business.
What Is a Registered Agent?
A North Dakota registered agent is an entity or person who accepts essential legal documents on behalf of your corporation or limited liability company (LLC). Small business owners must have registered agents to be notified about time-sensitive events. The role is also essential for maintaining good standing with the Secretary of State.
Every North Dakota LLC and corporation must designate a registered agent as part of due process obligations. The main reason is that lawsuits against your company can’t proceed without first notifying your business. The agent serves as the point of contact for the government, allowing officials to locate you and send service of process documents easily.
Furthermore, North Dakota requires all businesses to appoint a registered agent to prevent giant corporations from hiding behind their employees. Some enterprises have thousands of employees, making finding the right person to receive legal documents nearly impossible. A registered agent solves this problem.
Registered Agent Responsibilities
The primary duty of your North Dakota registered agent is to accept service of process on your behalf. State officers will send this document to the address listed as the registered office, usually where the registered agent works. Once they receive the paperwork, the agent can perform same-day mail forwarding to keep you from missing a crucial deadline.
Here are a few other responsibilities of North Dakota registered agents:
Accepting legal notices
Performing corporate filings for the public record
Forwarding franchise tax and annual report reminders
Sending notifications about the receipt of necessary documents
Maintaining an official business address (registered office) where the government can reach the agent during regular business hours
Choosing Your North Dakota Registered Agent
The state may be flexible regarding some mandates, but that’s not the case with registered agents. You need to follow specific rules when appointing your North Dakota registered agent.
North Dakota Registered Agent Requirements
You can only designate a North Dakota registered agent if they meet the following criteria:
Individuals must be at least 18 years old
Individuals acting as LLC registered agents must be residents of North Dakota and companies must have a physical address in the state, which can’t be a PO Box[1]
A North Dakota registered agent’s office must be open during regular business hours Monday to Friday
A registered agent’s information, including name and address, must be included in LLC formation documents
Your company can’t act as its own registered agent. However, employees, managers, officers, and other members are eligible if they meet the above requirements. You can even appoint your friends or family members.
Keep in mind that you need to keep your registered agent details up-to-date. For example, you’ll need to change their address if they move to another location. Suppose your provider terminates their business, or your agent goes to a different state. In that case, you’ll need to designate a new agent. Failure to update the information compromises your good standing with the Secretary of State.
The consequences of not having a registered agent can be severe:
Your limited liability protections may be revoked
You may not be notified of legal proceedings in time to fight potential lawsuits
Your North Dakota corporation or LLC formation documents will be rejected
The state could officially dissolve your LLC or corporation without a North Dakota registered agent
Can I Be My Own Registered Agent in North Dakota?
Yes. You can be your own registered agent in North Dakota. Appointing yourself to fulfill this role can have a few advantages:
You receive service of process documents directly
You’re less likely to miss crucial legal documents if you’re already keeping regular business hours
You can save money by cutting out the cost of contracting a third-party registered agent service for LLCs
While being a self-appointed registered agent sounds good, don’t designate yourself yet. This arrangement has more downsides than you might think..
Privacy Issues
When filing your business formation documents with the North Dakota Secretary of State, you must provide the registered agent’s name and address. Once this is submitted, the information is part of the public record. If you have a home-based company, having a business address in the public record reduces your privacy.
Packed Schedule
As previously discussed, a registered agent must maintain regular business hours to accept legal documents. This can be a significant obstacle if you’re not used to staying in the office all day and can’t hire employees to work in a specific location. It can also distract you from more important duties, stunting your company’s growth.
In addition, making your home address public generally increases the junk mail received from marketers and other sources. Processing the correspondence is time-consuming, and legal documents may slip through the net. Next thing you know, you might miss a critical deadline or fail to appear in court, resulting in fines or more severe consequences.
Inability To Expand Into Other States
You might have plans to expand into other states. If so, you must appoint a registered agent in every state you do business in. Doing so while being your own agent is impossible because you’d need to be present in multiple locations. Being a self-designated agent prevents you from doing business nationwide.
Responsibility for Address Changes
Changing your office address is difficult as is. You must handle many tasks to get it right and avoid legal trouble. One of your responsibilities as a self-appointed registered agent is to change the agent’s address, not just the address of your company. However, you may easily forget to do so due to all the commotion associated with moving, which can jeopardize your good standing.[2]
Benefits of a Third-Party Registered Agent
Although there’s some value in being your own registered agent, you’re much better off outsourcing the role to a North Dakota registered agent service. A professional provider, such as Swyft Filings, can make a world of difference. Here’s how:
Seamless Mail Duties
Sifting through junk mail to find urgent documentation takes a lot of work. You’d rather focus on your money-making activities, and you can do so by partnering with a registered agent service.
Providers like Swyft Filings can review all your mail and find critical paperwork quickly. This ensures you receive the necessary documentation before default judgments or other negative consequences.
Confidentiality and Privacy
North Dakota clerks deliver service of process documents in person. Business owners who don’t have a registered agent often need to receive these important documents themselves. If they’re in a meeting with a customer when government officials show up, their reputation can suffer.
That’s not what happens if you work with the best North Dakota registered agent service. They serve as the point of contact for court clerks on your behalf, meaning any sensitive mail goes straight to them. You don’t need to worry about receiving sensitive information in front of your customers or employees.
Moreover, hiring a registered agent provider eliminates the need to use your home address as a registered office. Instead, they use a specific address to receive legal documents during regular business hours. This keeps your certificate of good standing intact without jeopardizing your privacy.
Cross-State Expansion Opportunities
You can only be your company’s registered agent if you live in North Dakota. Expanding to other states requires an agent who lives there or has permission to conduct business there. A registered agent provider has a vast network that covers the entire country. Regardless of the market you want to break into, they allow you to expand your business without moving from your home state.
Scheduling Flexibility
With a reliable registered agent provider like Swyft Filings serving as your registered agent, you can take time off whenever you want. You don’t have to be present in your office during regular business hours, which would be a must as a self-appointed agent.
How To Set Up Your North Dakota Registered Agent
There’s no reason to be your own North Dakota registered agent and burden yourself with a packed schedule. Business owners can stay compliant by setting up their North Dakota LLC or corporation registered agent by following some simple steps.
Electing a North Dakota Registered Agent
Here's how you can elect your North Dakota registered agent:
Download your Articles of Organization or Articles of Incorporation form.
Complete the required fields on your formation documents and provide the agent information in Article 2.
Submit the paperwork to the North Dakota FirstStop website. The state fees for corporations are $100, whereas LLC owners need to pay $135.[3], [4]
Alternatively, download the appropriate form and send it to the North Dakota Secretary of state using this address:
Business Registration Unit, Secretary of State
State of North Dakota
600 E Boulevard Ave Dept 108
Bismarck ND 58505-0500
Changing a North Dakota Registered Agent
Changing a North Dakota registered agent is straightforward. You only need to download and complete the Commercial or Non-commercial Registered Agent Statement of Change form. Send the document to the same address as above:
Business Registration Unit, Secretary of State
State of North Dakota
600 E Boulevard Ave Dept 108
Bismarck ND 58505-0500
If you own a North Dakota LLC, you’ll be subject to a $135 filing fee, while the corporation fee is $100. You can pay the fee with your credit card.
FAQs
Who can be a North Dakota registered agent?
A North Dakota registered agent can be any individual or business entity that meets the state agent requirements. These include an appropriate residence status, physical address, and holding regular business hours.[5]
How much does a registered agent in North Dakota cost?
The average cost of registered agents in North Dakota ranges from $50 to $500 annually. Swyft Filings offers registered agent services for $149/quarterly.
How can I change my registered agent in North Dakota?
You can change your North Dakota registered agent by completing the Commercial or Non-commercial Registered Agent Statement of Change form and submitting it to the Secretary of State’s office.
How can I find a registered agent in North Dakota?
You can find a dependable registered agent in North Dakota on the Secretary of State’s website. Alternatively, ask for references from friends and family or perform a Google search.
What is a North Dakota registered office?
A North Dakota registered office is where your registered agent receives documents on your behalf.
What's the difference between a registered agent and a resident agent or statutory agent?
There are no significant differences between the terms “registered,” “resident,” and “statutory” agent. They all denote the same role.
What is a registered agent service?
A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.
Bibliography
North Dakota State Government. "Registered Agents." Accessed January 10, 2023.
North Dakota Century Code. "Chapter 10—01.01: Registered Agents Act." Accessed January 10, 2023.
North Dakota State Government. “LLC Fees.” Accessed January 10, 2023.
North Dakota State Government. “General Business Corporation Fees.” Accessed January 10, 2023.
North Dakota State Government. “North Dakota Registered Agents Act.” Accessed January 10, 2023.
